Michaelia Cash (WA, Liberal Party, Minister for Jobs and Innovation) Share this | Hansard source

In relation to the measure itself, what the measure actually does is streamline the process of referrals for welfare fraud prosecution by allowing information or documents obtained in the course of an administrative action by the Department of Human Services to be used in subsequent investigation and criminal prosecution.

You raised a number of issues in the statements that you just made. In relation to the amendments and their impact on the debtor's right to silence, I can advise that this amendment does not change any rights to silence, as the common law right to silence has been retained, other than in proceedings for the provision of false information. Third parties do not currently have a right to silence.

In relation to your questions around self-incrimination, the proposed changes retain the common law right to silence, preventing the use of information or documents against the person providing them. That is retained in the bill. Again, the exception to this is in relation to proceedings for the provision of false information. Therefore, the only way that the information provided by a person could be used against them is if that information were false. If the person provides correct information, it logically flows that that information would not be able to be used against them. This is consistent with the Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers, which deals with the privilege against self-incrimination. The guide states that the privilege against self-incrimination does not apply where it is alleged that a person has given false or misleading information.